Isabella Carter
On March 2, 1836, Texas declared itself an independent republic, and the Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. The declaration of independence was written by George Childress and modelled after the United States Constitution. The Texas Constitution protected the right to own slaves and prohibited Indians and Africans from becoming citizens. It also defined the role and power of the president, who was required to be at least thirty-five, a citizen, and to have lived in the republic for at least three years before election. The constitution established the three branches of government: legislative, executive, and judicial, with the legislative branch defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas.
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What You'll Learn
- The constitution protected slavery and prohibited Native Americans and Black people from citizenship
- The constitution was ratified in 1836, and Texas became an independent republic
- The President of Texas had a three-year term and could not serve consecutive terms
- Texas sought annexation by the US, but this was opposed by Mexico and anti-slavery forces
- Texas's southern and western boundaries with Mexico were disputed
The constitution protected slavery and prohibited Native Americans and Black people from citizenship
On March 2, 1836, Texas declared itself an independent republic, adopting a constitution that protected the free practice of slavery. This right to own slaves was previously prohibited by Mexican law. The Texas Constitution also prohibited "Indians" and "Africans" from living freely in the country or becoming Texan citizens. For nearly a decade, Texas existed as an independent republic, with Sam Houston as its first elected president.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was written by George Childress and modelled after the United States Constitution, borrowing language from the US Constitution and the constitutions of several southern states. It formed a unitary republic, with a president who had a three-year term and could not serve another consecutive term.
The constitution also established the three branches of government: legislative, executive, and judicial. The legislative branch was defined as a Senate and House of Representatives, called The Congress of the Republic of Texas. Members of the House were to be chosen on the first Monday of September and hold their office for one year until other provisions were made. To hold a seat in the House, they needed to be at least twenty-five, a citizen of the republic, and residing in the county or district represented for six months before the election.
The Texas Constitution's protection of slavery and prohibition of Native Americans and Black people from citizenship reflected the broader context of the time, with the influence of Mexican dictatorship and the growing desire for independence in Texas. It was also a response to the liberalism and republicanism in Mexico's Constitution of 1824, which had been subverted by the dictatorship of President Antonio López de Santa Anna.
It is important to note that the situation regarding citizenship and civil rights for Black people and Native Americans evolved over time, with the Fourteenth Amendment to the United States Constitution, adopted in 1868, addressing citizenship rights and equal protection under the law. This amendment granted citizenship to "All persons born or naturalized in the United States," extending rights to formerly enslaved people.
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The constitution was ratified in 1836, and Texas became an independent republic
Texas has a long history of political upheaval, dating back to the early 19th century. In 1820, Moses Austin, a US citizen, was granted permission by the Spanish government to settle in sparsely populated Texas. After his death, his son, Stephen F. Austin, took over the project, negotiating a contract with the new Mexican government (Mexico gained independence from Spain in 1821) to lead around 300 families to the Brazos River.
In 1824, the Mexican congress formulated a new constitution that emphasised a federal government, which appealed to Texans. However, in 1833, conventions held by Texas colonists resulted in petitions to the Mexican government for an extension of tariff exemption, administrative separation from Coahuila, and the repeal of a law preventing Anglo-American immigration. While the immigration law was repealed, the other requests were not acted upon. This, along with the rise of dictatorship under President Antonio López de Santa Anna, who subverted the constitution and enforced anti-slavery laws, led to growing discontent in Texas.
On October 2, 1835, hostilities broke out at the Battle of Gonzales, considered the first engagement of the Texas Revolution. In November 1835, a provisional government, known as the Consultation, was established to oppose the Santa Anna regime. In December 1835, Texas volunteers drove Mexican troops out of San Antonio and settled in the Alamo. In January 1836, Santa Anna amassed a large force south of the Rio Grande, and Sam Houston ordered the Alamo abandoned. On February 23, 1836, Santa Anna and 3,000 Mexican troops besieged the Alamo, bombarding it with cannon and rifle fire.
On March 2, 1836, Texas' revolutionary government formally declared its independence from Mexico, and a constitution was ratified. The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was written by George Childress and modelled after the United States Constitution, with input from Lorenzo de Zavala, who designed the flag and served as vice president. The constitution established a unitary republic with three branches of government: legislative, executive, and judicial. It also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
After the defeat of Santa Anna at San Jacinto on April 22, 1836, the war with Mexico was over. By June, the Republic of Texas had de facto independence, though it was unrecognized by Mexico. Elections were held in September, and the constitution was ratified, with Sam Houston elected as the first president of the independent republic of Texas. Texas sought annexation by the United States, but this was opposed by Mexico and antislavery forces in the US. Texas existed as an independent republic for nearly a decade before joining the Union as the 28th state in 1845, triggering the Mexican-American War.
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The President of Texas had a three-year term and could not serve consecutive terms
Texas declared itself an independent republic on March 2, 1836, due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress and modelled after the United States Constitution. The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845.
The President of Texas, as per the Constitution, had a three-year term and could not serve another consecutive term. This was based on provisions in the Mexican Constitution. The first elected president, Sam Houston, had a two-year term, and thereafter, the terms were three years long. The president was elected separately from the vice president, by popular vote, and there was no requirement to be native-born. The constitution also specified that the president must be at least thirty-five years old and a citizen, and must have lived in the republic for at least three years before the election or have lived there at the time of independence.
The position of President of Texas was abolished in 1845 with the annexation of Texas, largely due to President Anson Jones, who served only one year and three months. Texas was admitted to the Union as the 28th state, leading to the outbreak of the Mexican-American War.
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Texas sought annexation by the US, but this was opposed by Mexico and anti-slavery forces
Texas declared its independence from Mexico on March 2, 1836, and applied for annexation by the US the same year. However, this was rejected by the US Secretary of State, John Forsyth, under President Andrew Jackson. The US leadership, including both the Democrats and the Whigs, opposed the annexation of Texas—a vast slave-holding region—into the volatile political climate of the pro- and anti-slavery controversies in Congress. They also wished to avoid a war with Mexico, whose government had outlawed slavery and refused to acknowledge Texas' independence.
The majority of the Texian population, particularly Anglo-American immigrants, favoured immediate annexation by the US. However, the US delayed recognising the new republic until the last day of Jackson's presidency to avoid raising the issue during the 1836 general election. Jackson's successor, President Martin Van Buren, also rejected annexation, viewing it as a political liability that would empower the anti-slavery northern Whig opposition.
In 1844, President John Tyler restarted negotiations for annexation, and in 1845, Texas was admitted to the Union as the 28th state, leading to the outbreak of the Mexican-American War. The war concluded with the signing and ratification of the Treaty of Guadalupe-Hidalgo in 1848, which brought a vast amount of new territory under US control, including the future states of California, Nevada, New Mexico, Arizona, Utah, and more.
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Texas's southern and western boundaries with Mexico were disputed
The dispute over Texas's boundaries with Mexico has a complex history. In 1721, the Medina River was recognised as the boundary between Texas and Coahuila, and in 1811, the Nueces River marked the boundary between Texas and Tamaulipas. The provisions of the secret Treaty of Velasco, which mandated the Mexican army's retreat beyond the Rio Grande, formed the basis of Texas's claim to the river as its western boundary.
On December 19, 1836, the First Congress of the Republic of Texas declared the Rio Grande as the southern and western boundary of Texas, from its mouth to its source, followed by a line extending northward to the forty-second parallel. Texas's claim to the Rio Grande as its border was affirmed by the Treaty of Guadalupe Hidalgo in 1848, which officially concluded the Mexican-American War. However, Texas's aspirations to annex New Mexico, which was occupied by American troops, remained unfulfilled.
The Compromise of 1850 played a pivotal role in shaping the Texas-New Mexico border dispute. The compromise line delineated the Texas western boundary from El Paso, traversing eastward along the thirty-second parallel to the 103rd meridian. From there, it ascended to 36°30' latitude and continued along that line to the 100th meridian, eventually descending along the 100th meridian to the Red River. The thirty-six-thirty line was chosen due to Texas's status as a slave state, and this line had previously been established in the Missouri Compromise of 1820 to demarcate slave and free territories within the Louisiana Purchase.
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Frequently asked questions
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. It was drafted by a constitutional convention and ratified by the voters. It contains nine portions, six articles, a schedule, General Provisions, and a Declaration of Rights.
The Constitution of the Republic of Texas established the three branches of government: legislative, executive, and judicial. It also defined the role and power of the president, who was required to be at least thirty-five and a citizen. It protected the right to own slaves and prohibited "Indians" and "Africans" from living freely in the country or becoming citizens.
The Constitution of the Republic of Texas provided the legal framework for the independent republic of Texas from 1836 to 1845. It established the rights and duties of citizens and the government. Texas was able to function as an independent country, with its own president, congress, and military.
